reply to third party defence oor Frans

reply to third party defence

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réplique d'une mise en cause

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réponse à la défense d'une mise en cause

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réponse à la défense d'une tierce partie

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FORM 171K Rule 171 REPLY TO THIRD PARTY DEFENCE (General Heading — Use Form 66, with style of cause in accordance with Form 171I) REPLY TO THIRD PARTY DEFENCE 1.
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27B Counterclaim (Against Plaintiff and Person not Already Party to Reply to Third Party Defence
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(4) In a third party claim, pleadings shall consist of the third party claim (Form 29A), third party defence (Form 29B) and reply to third party defence (Form 29C), if any.
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25.01(4) In a third party claim, pleadings shall consist of the third party claim (Form 29A), third party defence (Form 29B) and reply to third party defence (Form 29C), if any.
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reply and defence to counterclaim, 171(b), 192(2) form, 171(a) time for service, 205 to respondent's record on notice of motion, 369(3) to third party defence, 171(c)
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(Set out in separate, consecutively numbered paragraphs each allegation of material fact relied on by way of reply to the third party defence.)
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So far as concerns the replies to requests for information addressed by the Commission to third parties, the Court has already held that, in the present case, the Commission did not infringe the rights of the defence by providing only non-confidential summaries of some of those replies (see paragraphs 69 to 72 above).
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101 In his reply, the applicant submits that the arguments raised by the Council in its defence regarding the fact that the Monetary Committee is a third party are an expression of a refusal to apply Decision 93/731 and are unfounded, since the conditions for the application of Article 2(2) of that decision – concerning the authorship rule – are not met in the present case.
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Having regard to the requirements of the rights of the defence, the arguments of the notifying parties submitted in reply to the statement of objections cannot be subject to more demanding standards as to their probative value and their cogency than those imposed in relation to the arguments of competitors, customers and other third parties questioned by the Commission in the course of the administrative procedure or in the light of information provided by the notifying undertakings at a previous stage of the Commission’s investigation.
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Time for Reply (4) The plaintiff’s reply, if any, to the statement of defence of the third party shall be delivered within ten days after service of that statement of defence.
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29.05(4) The plaintiff's reply, if any, to the statement of defence of the third party shall be filed and served within 10 days after service of that statement of defence.
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665 Third, as regards third-party observations which the Commission disclosed in non-confidential form, in particular Rolls-Royce’s reply to the Commission’s letter of 21 March 2001, UTC’s observations of 24 April 2001 and ILFC’s observations, it must be noted, first of all, that the Commission expressly pointed out in its defence that the oral presentations of Rolls-Royce and UTC (P&W’s parent company) related to those undertakings’ concerns and are thus adverse evidence.
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None the less, it remains the case that the Commission must, at the stage of the reply to the statement of objections, if it is not to undermine the rights of defence of the notifying parties, apply the same criteria as those applied for the purposes of the examination of the arguments of third parties or those adopted at an earlier stage of its investigation, while being entitled to draw the appropriate consequences in the event that it should transpire at a very advanced stage of the procedure that the notification concerned does not comply with the requirements of Article 3(1) of Regulation No 447/98.
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None the less, it remains the case that the Commission must, at the stage of the reply to the statement of objections, if it is not to undermine the rights of the defence of the notifying parties, apply the same criteria as those applied for the purposes of the examination of the arguments of third parties or those adopted at an earlier stage of its investigation, while being entitled to draw the appropriate consequences in the event that it should transpire at a very advanced stage of the procedure that the notification concerned does not comply with the requirements of Article 3(1) of the Implementing Regulation.
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(2) Third and subsequent party actions shall be issued in the same proceeding as the main action, and pleadings in the main action and third and subsequent party action are closed when a reply has been delivered to the defence to the last subsequent party claim, or the time for delivery of such a reply has expired.
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(1.1) A third party claim may be issued within 10 days after the plaintiff delivers a reply in the main action to the defendant’s statement of defence. O. Reg. 351/94, s. 2.
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(b) a defendant by counterclaim, crossclaim or third party claim objects in the statement of defence to the counterclaim, crossclaim or third party claim proceeding under this Rule because the counterclaim, crossclaim or third party claim does not comply with subrule (1), and the defendant does not abandon in the reply to the counterclaim, crossclaim or third party claim the claims or parts of claims that do not comply; or
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On 23 March 2004, the Defence filed a “Reply to the Registry Response to the Defence Appeal to the Deputy Registrar’s Decision” in which it claims that the Decision “is irretrievably flawed by his reliance on an invalid reason.”12 The Complainant claims not to have received financial support from any third parties.13 As to the question of assessing the Complainant’s household’s income for the purpose of determining his contribution to his defence costs, the Defence states that this matter has already been settled in earlier litigation and should not be reopened.14
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